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SUKHVINDER KAUR
IFFCO TOKIO General Insurance Company Ltd. – Appellant
Versus
Ram Singh – Respondent
JUDGMENT
Mrs. Sukhvinder Kaur, J.
This order shall dispose of FAO-2387-2018 (IFFCO TOKIO General Insurance Company Ltd. v. Ram Singh and others) and FAO- 2496-2018 (Ram Singh and another v. Surjeet Singh and others) as both the appeals have arisen from a common award dated 13.12.2017.
2. Appeal (FAO-2387-2018) has been filed by the appellant- Insurance Company for setting aside the award dated 13.12.2017 passed by the Motor Accident Claims Tribunal, Rupnagar, whereby the claim petition filed by the claimants was partly allowed and they were awarded a compensation of Rs.15,27,000/- along with interest @ 9% per annum from the date of filing of the claim petition till the date of realization on account of death of Rajwinder Singh in MACT Case No.336 of 2016 in a motor vehicular accident that took place on 12.04.2016. Appeal (FAO-2496-2018) has been filed by appellants-claimants seeking enhancement of compensation.
3. The relevant facts are that the appellants-claimants filed claim petitions invoking the provisions of Section 166 of the MOTOR VEHICLES ACT , 1988 (for short, "the Act of 1988") claiming compensation with the averments that on 12.04.2016, Rajwinder Singh (since deceased) wa
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
Claimants cannot pursue simultaneous claims under Sections 163(A) and 166 of the Motor Vehicles Act in the same petition; evidence must substantiate claims when seeking compensation.
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and personal expenses.
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